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CEMETERY BD. v. BUFFALO CEMETERY ASSN.

67 Misc.2d 949 (1971)

Cemetery Board of the State of New York, Petitioner, v. Buffalo Cemetery Association et al., Respondents.

Supreme Court, Erie County.

June 29, 1971

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Herbert J. Wallenstein of counsel), for petitioner. Jaeckle, Fleischmann, Kelly, Swart & Augspurger for Buffalo Cemetery Association and another, respondents. David Stiller for Nelson Galster, respondent. Diebold & Millonzi for Western Savings Bank, respondent. Phillips, Lytle, Hitchcock, Blaine & Huber for Marine Midland Bank, respondent. Moot, Sprague, Marcy, Landy & Fernbach for Erie County Savings Bank, respondent.

JAMES O. MOORE, J.

This is a proceeding instituted by the Attorney-General upon behalf of the Cemetery Board of the State of New York against the Buffalo Cemetery Association, its officers and trustees, and three banking corporations. The relief originally sought was to declare certain loans made to the association by the respondent banks null and void, to direct the return to the association of collateral pledged...

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